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HomeMy WebLinkAboutWestern Audio Visual Inc; 2017-05-01; PWM17-99GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2017-0371151 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Aug 15, 2017 03:48 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 209-050-26-00 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation and Carlsbad Municipal Water District (CMWD), a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on July 20, 2017. 6. The name of the contractor for such work or improvement is Western Audio Visual, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Audio Visual System Upgrade, Project No. PWM17-99GS. 8. The street address of said property is Safety Training Center, 5750 Orion Street, Carlsbad, CA 92010-7201. CITY OF CARLSBAD/ CMWD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 C lsbad Villa e Dr"ve, Carlsbad, California, 92008; the City/Executive Manager of said City on · , 2012-, accepted the above described work as completed and ordered that I declare under penalty of perjury that the foregoing is true and correct. Executed O~-l)t: fro , 20J.1_, at Carlsbad, California. "'c CARLSBAD/CMWD • ·~f:rrl~~ BARBARA ENGLESON l)-- City Clerk CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Western Audio Visual, Inc., has completed the contract work required for Project No. PWM17-99GS, Audio Visual System Upgrade-Safety Training Center. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS (Specify if City or CMWD) Audio Visual System Upgrade (City) VALUE $40,516 CERTIFICATION OF COMPLETION OF IMPROVEMENTS Manager '--Date CITY MANAGER'S/EXECUTIVE MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk or Secretary to the Board of Directors is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad and Carlsbad Municipal Water District are hereby directed to commence maintaining the above described improvements. APPROVED AS TO FORM: CELIA BREWER, City Attorney By:_~----=---- Deputy City Attorney r/f' I 11- Date I I C:\Users~maas\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\JR53KQRO\CIP API PWM17-99GS Western Audio Visual.doc PWM17-99GS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT AUDIO VISUAL SYSTEM UPGRADE AT SAFETY TRAINING CENTER This agreement is made on the / ~ day of , 2017, by the City of Carlsbad, California, a municipal dorporation, (hereinafter called "C y"), and Western Audio Visual, Inc., a California corporation whose principal place of business is 6353 C rte Del Abeto, Suite.106, Carlsbad, CA, 92011 (hereinafter called "Contractor''). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Jason Kennedy (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer'' for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. AUDIO VISUAL SYSTEM UPGRADE Page 1 of 9 City Attorney Approved 9/27/2016 PWM17-99GS FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad lo disqualify the Contractor or su~ctor~fr m p~rticipating in contract bidding. Signature ~ ;j(?_.u;.; Print Name: _ _ I REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1 ,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1 ,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. AUDIO VISUAL SYSTEM UPGRADE Page 2 of9 City Attorney Approved 9/27/2016 PWM17-99GS INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ten (1 0) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Western Audio Visual, Inc. 6353 Corte del Abeto, Suite 106 (name of Contractor) (street address) 871609 Carlsbad, CA 92011 (Contractor's license number) (city/state/zip) C-7 (low voltage) 1/31/18 760-438-8948 (license class. and exp. date) (telephone no.) 1000008082 760-438-0066 (DIR registration number) (fax no.) 6/30/17 haileys@wav1.com (DIR registration exp. date) (e-mail address) Ill Ill Ill Ill Ill Ill Ill AUDIO VISUAL SYSTEM UPGRADE Page 3 of9 City Attorney Approved 9/27/2016 PWM17-99GS AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR WESTERN AUDIO VISUAL, INC., a California corporation By: (sign here) < • ch'J :5Vtr£W rJ /ctti (print name/title) I CITY OF CARLSBAD, a municipal corporation of the State of California By: Kevin Crawford City Manager ~~~J~ -~~T~~nA~-------- . (sign ~ere) • BARBAt ENGLESON CafttfiJfl(/ lt-/1/l£;;; 0ft~~(errYclerk (print name/title) r If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!f...2 corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ Deputy City Attorney AUDIO VISUAL SYSTEM UPGRADE Page4 of9 City Attorney Approved 9/27/2016 PWM17-99GS EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., o/o of be Subcontracted No. Classification & Total Expiration Date Contract NONE Total% Subcontracted: _o_ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. AUDIO VISUAL SYSTEM UPGRADE Page 5 of9 City Attorney Approved 9/27/2016 PWM17-99GS EXHIBITB SCOPE OF WORK PURPOSE: Project encompasses upgrading training classroom audio visual components and the digital signage system at the Carlsbad Safety Training Center located at 5750 Orion Street, Carlsbad, California 92010. TASK #1: Provide necessary equipment, tools and labor for the installation of two (2) laser phosphor projectors to replace two (2) Panasonic LCD projectors in Classrooms 1 and 2 at the Carlsbad Safety Training Center. Adjust screen image and test all functions. Provide user training, instructions and programming information. Include one year equipment warranty with technical support. ***Note: Projectors will not be programmed to existing Crestron Controller but controlled with handheld remote supplied with new equipment. QTY MFG MODEL ITEM DESCRIPTION UNIT PRICE TOTAL 2 2 1 1 Panasonic PT-RZ570BU 5,000LM I WUXGA /1-Chip DLP™ $4,925.00 $9,850.00 Laser Phosphor Premier FTP-FCTAW-QL Ceiling Mount Kit w/Quick Lock Cable $225.00 $450.00 Miscellaneous materials, cabling, WestemAV N/A wiring and connectors. $2,243.32 $2,243.32 **Non-equipment cost: labor and installation (prevailing wages per DIR). WestemAV N/A Tax (7.75%) on shipping and $827.36 $827.36 equipment only. TASK #1 LUMP SUM TOTAL: $13.370.68 TASK #2: Provide necessary equipment, tools and labor to upgrade digital signage systems in the main lobby, firearms range lobby and second floor hallway at the Carlsbad Safety Training Center. Provide user training, instructions and programming information. Include one year equipment warranty with technical support. QTY MFG MODEL ITEM DESCRIPTION UNIT PRICE TOTAL 3 Altona AT-HDVS-TX-HDMI and VGA Transmitter wall plate. $303.00 $909.00 WP 3 Altona AT-HDVS-RX HDBaseT to HDMI Scaler Receiver $346.00 $1,038.00 BrightSign XD 1032 networked interactive digital signage player bundle for use with Carousel servers. 3 Tightrope CAR-XD1032-System includes small form-factor $954.00 $2,862.00 PLR-BND solid-state chassis. Convert existing wall plates to HDMI and VGA outputs. Includes one player license and 8GB SDHC card. Miscellaneous materials, cabling, 1 WestemAV N/A wiring and connectors. $7,302.97 $7,302.97 **Non-equipment cost: labor and installation (prevailing wages per DIR). 1 WestemAV N/A Tax (7.75%) on shipping and $461.78 $461.78 equipment only. TASK #2 LUMP SUM TOTAL: 11~573.75 AUDIO VISUAL SYSTEM UPGRADE Page 6 of9 City Attorney Approved 9/27/2016 PWM17-99GS TASK #3: Provide necessary equipment, tools and labor to upgrade audio visual system in STC Conference Room 114 at the Carlsbad Safety Training Center. Provide user training, instructions and programming information. Include one year equipment warranty with technical support. QTY MFG MODEL ITEM DESCRIPTION UNIT PRICE TOTAL 1 Sam sung ED65E E Series 65" Direct-Lit LED Display. $2,125.00 $2,125.00 1 Premier P4263T Tilting Low Profile Mount. $81.00 $81.00 Mounts 1 Barco CSE-200 Clickshare Wireless Presentation $1,589.00 $1,589.00 Gateway. 1 Polycom 2200-63890-001 CX5100 Unified Conference Station for $5,615.00 $5,615.00 Microsoft Lync, *USB only. Miscellaneous materials, cabling, 1 Western AV Misc. wiring and connectors. $3,350.00 $3,456.25 **Non-equipment cost: labor and installation (prevailing wages per DIR). 1 WesternAV N/A Tax (7.75%) on shipping and $705.75 $705.75 equipment only. TASK #3 LUMP SUM TOTAL: 113.572.00 JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 TASK #1 : Installation of two (2) laser phosphor projectors Classrooms $13,370.68 1 and 2 at the Carlsbad Safety Training Center. TASK #2 Upgrade digital signage systems in the main lobby, firearms 2 LS 1 range lobby and second floor hallway at the Carlsbad Safety Training $12,573.75 Center. 3 LS 1 TASK #3: Upgrade audio visual system in STC Conference Room $13,572.00 114 at the Carlsbad Safety Training Center. 4 LS 1 Administrative fees I contingency. $1,000.00 PROJECT TOTAL: S40.516.43 *Includes taxes, fees, expenses and all other costs. AUDIO VISUAL SYSTEM UPGRADE Page 7 of9 City Attorney Approved 9/27/2016 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT EXHIBIT C LABOR AND MATERIALS BOND Bond No. 4411063 Premium: $395.00 PWM17-99GS WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Western Audio Visual (hereinafter designated as the "Principal"), a Contract for: AUDIO VISUAL SYSTEM UPGRADE in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, WESTERN AUDIO VISUAL, as Principal, (hereinafter designated as the "Contractor"), and Sure Tee Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of FORTY THOUSAND FIVE HUNDRED SIXTEEN DOLLARS FORTY THREE CENTS ($40,516.43), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 91 00, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. /II Ill Ill AUDIO VISUAL SYSTEM UPGRADE Page 8 of9 City Attorney Approved 9/27/2016 PWM17-99GS In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _____ _ dofay /5 March , 20~. CONTRACTOR: WESTERN AUDIO VISUAL Western NV, A Corporation name of Contractor2 . v-~~ By: ___ ~~~~~~--~------------- (sign here) . ~:Xtki.oj /l (title and organiza~ of sign~ By: v411tv vuk~ v ~~ CAtkt{[~~e1c,k&/l (.-'1 (print name here) ~~~~~ ~~1za~:::gnato~) Executed by SURETY this 15th day of March ,20~. SURETY: SureTec Insurance Company (name of Surety) 3033 5th Avenue, Suite 300, San Diego, CA 92103 (address of Surety) (800) 288-0351 (telephone number of Surety) By:~ fLIIAL ~ (signature of Attorney-in-Fact) Shaunna Rozelle Ostrom (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER CityAtto~ By:~ Deputy City Attorney AUDIO VISUAL SYSTEM UPGRADE Page 9 of9 City Attorney Approved 9/27/2016 .· .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of __;O::.:r~a::.:n.>i!.g.::.e _______________ _ On March 15th, 2017 before me, Rudy Urieta ___ _;_=-oa-:-te----'----Insert Name of Notary exactly as it appears on the official seal , Notary Public, personally appeared Shaunna Rozelle Ostrom Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~itnessmy~~d~ S1gnature ::-:------:-l.,-~-,--,.--:~..::;=~~..?-::;:)-==---::~-­ signatUreOfotary Public Rudy Uri eta OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Labor and Materials Bond ------------------------------- Document Date: ....!:0~3~/1!..!:5~/2!:::.!0~1~7 _____________ _ NumberofPages:~T~w~o~------ Signer(s) Other Than Named Above:---------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: Shaunna Rozelle Ostrom 0 Individual 0 Corporate Officer -Title(s): ________ _ 0 Partner 0 Limited 0 General ~ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ 0 Individual 0 Corporate Officer -Title(s): ________ _ 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -------- Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } Countyof_O_r_a_n~g_e ______________________________ ___ On March 27th 2017 before me, Shaunna Rozelle Ostrom -------'-::-Da--,-te--'-'''---''------Insert Name of Notary exactly as it appears on the official seal , Notary Public, personally appeared _J_a_._y_S_c_h_e_lli_n __________________ --;:-c=;-:-;-::""""::-:-::c:""'--------------------------- Name(sl of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my Signature -=-:>.:-"'+---->L.,..,.-__,.'--'-.___~=------=~:-+-... "------..:--:---- OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Labor and Materials Bond ~~~~~~~~~~------------------------------------------- Document Date: _,0'"""3"--/1.!...::5"'-'/2=-=0"-1'-'-7 _________________ ___ NumberofPages:~T~w~o"------------- Signer( s) Other Than Named Above: ------------------------------------------------------ Capacity(ies) Claimed by Signer(s) Signer's Name: --=J=a:..~-v--=S=c'"'-'h=e=lli""'n ________________ ___ 0 Individual 1!1 Corporate Officer -Title(s): CFO -=~'----------------0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: --------------- Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top ofthumb here Signer's Name: -------------------------- 0 Individual 0 Corporate Officer --Title(s): ________________ _ 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of _O_ra_n_,.g'-e _______________ _ On March 27th 2017 before me, Shaunna Rozelle Ostrom ----'..:..:..:..:.c..::..:.c-:::-Da=-::-te...:.c..c..!.'....:..::....:--'-'---Insert Name of Notary exactly as it appears on the official seal , Notary Public, personally appeared _C_;_a.:....t_h...:..e_rin_e.:........::.S...:..c_he-'-l_lin _______ --;:7==-=~=:;-:-;--------------- Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness ~d,and 0:511 se'f'l d S1gnature~ [_~'?5 d_~ Signature of Notary Public Shaunna Rozelle Ostrom OPTIONAL ----------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Labor and Materials Bond Document Date: --=0=3::..../1=5=/2=0'--'1'-'-7 _____________ _ Number of Pages: --'T'-'w-'-'o=<--------- Signer(s) Other Than Named Above: ---------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: Catherine Schellin 0 Individual ~ Corporate Officer -Title(s):__,_P_,_,re"""s'""id,_,e""'"n'-'-t ____ _ 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: -------------- 0 Individual 0 Corporate Officer -Title(s): ________ _ 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here •• POA #: 51 0023 SureTec Insurance Company LIMITED POWER OF ATTORNEY Bond No. 4411063 Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Arturo Ayala, Daniel Huckabay, _Dwight Reilly, Andrew Waterbury, Shaunna Rozelle Ostrom, Michael Castaneda its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars ($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 9/1 0/2020 and is made under and by authority of the following resolutions of the Board ofDirectors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2dh of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 16th day ofJanuary, A.D. 2017. SURETEC (11~~~ wi w ~~· State ofTexas ss: a:\ ltb}~} County of Harris ~ ......... ~ .. -.;;:;/' On this 16th' day of January, A.D. 2017 before me personally·;ame John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ~~~~~:J''".. XENIA CHAVEZ ~f{:..A.:~~ Notary Public, State of Texas '?;~\~ Comm. Expires 09-10-2020 ,,~m,.,,,~ Notary 10 129117659 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. 15th Given under my hand and the seal of said Company at Houston, Texas this ------,..-2017 /J/J.f\7~"'5"'-j;;;:.:::::=::::-'' A.D. Any instrument issued in excess of the penalty stated above is totally void and without any validity. 510023 For verification of the authority of this power you may call (713) 312-0800 any business day between 8:00am and 5:00pm CST.